challenging my employer/reasonable adjustment

Hello, an update on my first post (I cant find it). Received diagnosis in March this year; to cut a long story short I have been through a long and difficult process of meetings with managers and occ health appointments; not out of the woods yet. Had to enlighten (or try to) management that it wasn't a case of 'how has he managed all these years but its an issue now'..explained that I had not managed, have masked and winged it all my life, and now that the pressures of work are increasing and we are subject to quite intensive micro-management, my mental health is suffering and I am exhausted. Anyway, ASD diagnostic assessors and occ health report recommended a number of adjustments, and then a second occ health report recommended a reduced workload (they hadn't been as explicit in that recommendation previously).  Occ health looked at the adjustments I had been granted and pointed out that these were basically nothing that any of my colleagues could not have. Then management have refused point blank to let me reduce my workload (and occ health pointed out that management can not possibly give me the processing and recovery time I need whilst expecting me to carry the minimum required workload the same as everyone else, so where is the adjustment? Management have also said that I will be expected to take on more work and that the service can not accommodate me working a reduced workload. Furthermore, they threw it back at me, saying it is my responsibility to access staff counselling, Remploy, etc; they are essentially treating this as if it was a mental health problem that can improve with counselling and advice; I know counselling is helpful but the fact remains that I will not be able to cope with the expected workload; this suggests to me a lack of understanding of autism. In the last few months I have felt very upset, anxious, and had periods of feeling very depressed, hopeless and desperate, feeling as if I have no plan B, no options and trapped in a situation I know will make me unwell because of the overload. at one point after the latest meeting, which I found upsetting and offensive, I actually considered suicide and thought about how and where, even getting beyond distressed and feeling numb and calm about it and doing a sort of practice run; this has really shocked me as I have never in my life felt that desperate. I pulled through it and generally have much to love and enjoy in life. I am going through the motions of seeking union support, counselling and trying to contact the NAS helpine and Remploy, but as we all know, you can spend a lot of time chasing up and its hard to get through to anyone. The bottom line is that whilst all of this might help me get through, I'm going to have to fight with my employers and I think (may be wrong) that if I am placed at a disadvantage by being expected to carry the same workload as a person with out this disability, that could be discriminatory.

One other thing; there is to be a conference to formally discuss my needs and what my employer is prepared to do; I'll need to be advised and be assured that if the decision to refuse a reduced workload is final and I have to agree to struggle on with regular reviews and so-called 'support', will I have any protection further down the line if things go wrong with my work, or will it be a case of 'you agreed to this, you had the chance to look for another job' and therefore subject to the normal disciplinary procedures.

I'm not sure if it is safe for me to say what my job is and who is my employer, but you might be surprised. Sorry for rambling, hope this all makes sense and any advice would be helpful. I should also say that I already reduced my working hours two years ago (or I would have left), but I can not afford to reduce my income any further.

Thanks for your patience.           

  • Over the years I've learnt no matter how much you push if they don't want to give you RA they won't so your best of applying for a new post in the hope you find a supportive manager. 

    I've taken substantial settlements from two employers who refused to implement RAs so if you feel able to fight it could benefit you substantially in a financial way,

    If you feel able to fight and are willing to complain and take them to an employment tribunal if needed, my best advice is to:

    • Email your employer after every meeting documenting what you think happened to create a paper trail
    • Ring ACAS before and after every meeting for their advice
    • Follow your employer's complaints procedure if you think you are being treated unfairly/ they're not adhering to the Equality Act by implementing the RAs
    • If you do not feel your complaint is taken seriously file a claim with an employment tribunal

    I believe a lot of employers treat people in this way as they think you'll accept what they say and not push for your rights. If they refuse to implement the RA I'd put in a formal complaint straight away to demonstrate how much you need these RA.

  • Hi - the only things I could say is keep a record of everything - I've been through it and found it to be the most brain-crushing experience ever. Can you have someone fighting your corner for you? Your ability to think on your feet in high-pressure meetings may be impaired by the stress - and things you might accidentally say end up written in stone and used against you.

  • Hello again; just struggling with the format here and can't find a way to write a general reply , just seem to be able to reply to individual comments. Anyway, thank you for all the advice and I'm really sorry to hear of some of the bad experiences here. You would hope that a good employer would be pragmatic; 'cut their losses' and get the best out of people rather than drive them out, especially when in professions like mine there's a national shortage. 

  • I understand how you feel because I went through something similar and you have my sympathy.

    My employer offered extra help and support.

    But at the formal dismissal hearing, I was attacked from both sides.

    1. I was criticised for Not accepting some of the help and support I was offered.  
    2. Accepting some of the help and support I was offered.

    Where I declined extra help.  They made the point that I wouldn't improve by turning available help down.

    Where I accepted extra help.  They made the point about the COST of providing this help.  How much it has cost and is likely to cost in the future.  And that I was uneconomical and a financial burden to the company.

  • Sorry you're in this situation, I've been in similar ones myself.

    First off , a disclaimer that legal advice is always best from an employment lawyer. If you can I'd suggest consulting one.

    Importantly to protect yourself, do you have any evidence of your claims? I have found it's very easy to get to the point where I've had a meltdown and quit only to realise I have no real evidence. For example everything was verbal with no record.

    Also consider what processes you have followed.  It's hard to claim anything if all you've had are casual chats and not raised anything formally.  It is an option that could give you more protection and apply some pressure potentially. 

    Hope that helps. 

  • Hi there,

    Firstly, I'm sorry to read of this - and no, it's not uncommon.  Even in workplaces where I've had reasonable adjustments made, I've faced discrimination.  Which is what it is.  And there is a legal framework which covers it.

    Are you in a union?

    Have you tried approaching ACAS?

    The way your management is responding sounds like they're building things up for something like constructive dismissal.

    I could say more, but my current headspace isn't good.  However, have a look here...

    Advice about work

    Take care,

    Tom